Appeals court upholds S.F. plastic bag ban as precedent

Published 6:56 pm, Sunday, January 5, 2014

The San Francisco Board of Supervisors prohibited single-use plastic bags at supermarkets and pharmacies in 2007, then expanded the law in 2012.

The San Francisco Board of Supervisors prohibited single-use plastic bags at supermarkets and pharmacies in 2007, then expanded the law in 2012.

Photo: Michael Maloney, SFC

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Luther Carr, (right) of San Francisco, holds newly purchased goods in a non-biodegradable plastic Walgreens bag front of the 850 Market Street store on Monday May 19, 2008 in San Francisco, Calif. On Monday some of the bags being used where non-recyclable while others were. The store is in the process of phasing out non-degradable plastic bags in preparation for the city-wide ban on them starting May 20, 2008.Photo by Mike Kepka / San Francisco Chronicle less

Luther Carr, (right) of San Francisco, holds newly purchased goods in a non-biodegradable plastic Walgreens bag front of the 850 Market Street store on Monday May 19, 2008 in San Francisco, Calif. On Monday ... more

Photo: Mike Kepka, The Chronicle

Appeals court upholds S.F. plastic bag ban as precedent

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In the latest legal setback for plastic-bag makers, a state appeals court has issued a ruling upholding San Francisco's ban on single-use plastic bags as a precedent for future cases.

The ordinance, which the Board of Supervisors passed in February 2012, applies to all retail stores and groceries, expanding a narrower 2007 law that covered supermarkets and pharmacies.

It prohibits plastic bags that can be used only once and requires the stores to charge 10 cents for recyclable plastic or paper bags. It took effect for most stores in October 2012 and for groceries in July 2013.

Similar measures are in effect in about 50 cities and counties in California and have survived legal challenges. Supporters say they reduce litter, waste and water pollution.

A lawsuit by the industry-backed Save the Plastic Bag Coalition disputed San Francisco's stance that the city didn't have to do a formal environmental study before the law took effect because the ordinance was environmentally benign. The coalition argued that paper bags take more energy to produce than plastic, leading to an increase in greenhouse gases, and also occupy more space in landfills.

A judge rejected the suit in September 2012, and the First District Court of Appeal upheld that ruling in December. On Friday, the appellate court published its ruling as a precedent binding on lower courts.

Evidence supports the city's conclusion that its ordinance, by banning some bags and charging a fee for others, can only benefit the environment, Justice Paul Haerle said in the 3-0 ruling.

The court also rejected the industry coalition's argument that the bag ordinance conflicts with a state law barring local regulation of "health and sanitation standards for retail food facilities."

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